Now that the starting gun has been fired for the General Election on May 6th, Bruce Burniston Consultant at JCP Solicitors, is warning Welsh Charities to be aware of guidance issued earlier this year by the Charity Commission about the need to avoid engaging in party politics.
The guiding principle is that charities should be, and be seen to be, independent from party politics. This is, however, not always an easy principle to follow in practice, since many charity policy positions on particular issues may be similar to those of particular political parties. Charities can continue to campaign on those issues but they must make clear their independence from political parties and do or say nothing to encourage support for a particular political party.
This issue is of great relevance since out of the four Regulatory Compliance Investigations published by the Charity Commission in the last 6 months, no less than three of them included allegations of political activity in one form or another. In the latest, published on April 1st, the Charity Commission reported that its Investigation into the League Against Cruel Sports had found that a press release and a question in a poll that was asked on behalf of the charity were party political in nature in that they could be seen to be critical of a national political party, contrary to charity law.
Many charities in Wales will want to ensure that their voice is heard on important issues during the General Election campaign, and there is nothing wrong in that. They need, however, to ensure that this is done is a way which keeps the charity politically neutral, and reading the Commission guidance would be a good start for trustees. This can be found at www.charitycommission.gov.uk -news and updates – press releases. If in doubt, charity trustees would be well advised to seek guidance from the Charity Commission or take legal advice.
For more information please contact expert in this area of the law, Bruce Burniston on 01792 529687 or email bruce.burniston@johncollins.co.uk
